Adam Schiff on Homeland Security Democratic Representative (CA-29)

Voted YES on extending the PATRIOT Act's roving wiretaps.

Congressional Summary: To prohibit Federal funding of National Public Radio and the use of Federal funds to acquire radio content, including:
1. broadcasting, transmitting, and programming over noncommercial educational radio broadcast stations
2. cooperating with foreign broadcasting networks
3. assisting and supporting noncommercial educational radio broadcasting
4. paying dues to such organizations
5. or acquiring radio programs for public broadcast.

Proponent's Argument for voting Yes:
[Rep. Blackburn, R-TN]: This bill gets the Federal Government--and Federal taxpayers--out of the business of buying radio programming they do not agree with. This is a bill that is long overdue. Regardless of what you think of NPR, its programming or statements by its management, the time has come to cut the umbilical cord from the taxpayer support that has become as predictable as an entitlement program. Much has changed in the media landscape since the wiretaps, to seek certain business records, and to gather intelligence on lone terrorists who are not affiliated with a known terrorist group. The Patriot Act works. It has proved effective in preventing terrorist attacks and protecting Americans. To let these provisions expire would leave every American less safe.

Opponent's Argument for voting No:
[Rep. Conyers, D-MI]: Section 215 of the Patriot Act allows a secret FISA court to authorize our government to collect business records or anything else, requiring that a person or business produce virtually any type record. We didn't think that that was right then. We don't think it's right now. This provision is contrary to traditional notions of search and seizure which require the government to show reasonable suspicion or probable cause before undertaking an investigation that infringes upon a person's privacy. And so I urge a "no" vote on the extension of these expiring provisions.

Voted YES on requiring FISA warrants for wiretaps in US, but not abroad.

SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. CONYERS: Earlier this year, in the Protect America Act, PAA, amendments were made to FISA, giving the Government enhanced flexibility to collect foreign intelligence information. But the broad scope of the authority without up-front court approval raised grave concerns about the need for more safeguards of innocent Americans' communications. The RESTORE Act improves upon the PAA by providing a series of checks and balances while still allowing maximum flexibility. The RESTORE Act does not require individual warrants when persons are abroad, but it is firm that a FISA warrant is required to obtain communications of people in the US.

OPPONENT'S ARGUMENT FOR VOTING NO:Rep. KING of N.Y.: Electronic surveillance is one of the strongest weapons in our arsenal. The real enemy is al Qaeda and Islamic terrorism, not our own government working so hard to protect us. The PAA updated FISA and struck the appropriate balance between protecting our citizens from terrorist attacks and protecting our civil liberties. Today's bill, the RESTORE Act, marks an undeniable retreat in the war against Islamic terrorism. It limits the type of foreign intelligence information that may be acquired and actually gives foreign targets more protections than Americans get in criminal cases here at home.

LEGISLATIVE OUTCOME:Bill passed, 213-197.

Voted YES on Veto override: Congressional oversight of CIA interrogations.

SUPPORTER'S ARGUMENT FOR VOTING YES:Rep. REYES: This legislation goes a long way towards strengthening oversight of the intelligence community, which the President seems to consistently want to fight. That's why the President vetoed it. He wants the authority to do whatever he wants, in secret, with no oversight or authorization or without any checks and balances. Well, I don't agree. The Constitution gives us a role in this process. We do have a say in what the intelligence community does. That's why we need to override this veto.

OPPONENT'S ARGUMENT FOR VOTING NO:Rep. HOEKSTRA: This bill fails to give the intelligence community the tools that it needs to protect the American people from radical jihadists. The debate on this authorization bill is not about a single issue, [waterboarding], as some would have you believe. It is about the need to ensure that we give the right tools to our intelligence professionals in this time of enhanced threat.

LEGISLATIVE OUTCOME:Veto override failed, 225-188 (2/3rds required)

Voted NO on removing need for FISA warrant for wiretapping abroad.

A modified version, S.2011, failed in the Senate; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.

Opponents recommend voting NO because:

Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences? Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.

Proponents support voting YES because:

Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.

Voted YES on restricting no-bid defense contracts.

1. Improving the Quality of Contracts--to restrict the contract period of noncompetitive contracts to the minimum period necessary to meet urgent requirements; and not more than one year unless the the government would be seriously injured.
2. Increasing Contract Oversight--to make publicly available (on websites) justification documents for using noncompetitive contract procedures.
3. Promoting Integrity in Contracting--to prohibit former federal officials from accepting compensation from contractors as lawyers or lobbyists.

Proponents support voting YES because:

In Iraq, we were told we needed Halliburton to get a contract without any competition because they were the only ones who know how to put out oil well fires. So they got a contract on a cost-plus basis even though they had a history of overcharging the taxpayers. And then later we found out that they didn't do anything about putting out oil well fires in the first Gulf war; it was Bechtel, not Halliburton. Contractors were given special treatment by not having healthy competition.

In dealing with Hurricane Katrina, and we have seen the same mistakes again: No-competition contracts; cost-plus contracts. We have seen what the result has been: Wasted taxpayer dollars. This bill requires that if there is an emergency to give a contract, give it. But then have bidding within a year.

Opponents support voting NO because:

We support transparency and accountability in decision-making, but this bill asks for audit reports that are only advisory. To provide those to Congress not only gives you too much information, a lot of it can be misleading and can increase the number of contract disputes.

When you are fighting a war, you need to move quickly. You don't give a 6-month appeal to the folks that lose the competition. You don't give small business set-asides because there is one thing you don't have, you don't have time.

Voted NO on allowing electronic surveillance without a warrant.

Proponents support voting YES because:

Intelligence is the first line of defense in the war on terrorism. That means we have to have intelligence agencies and capabilities that are agile, that are responsive to changes in technology, and that also protect the civil liberties of Americans. Let me make an analogy. With modernization, we replaced Route 66 with Interstate 40. We no longer have the stoplights and the intersections. We created on ramps and off ramps and concrete barriers to protect the citizens where traffic was moving very quickly. That is like what we are trying to do here--FISA needs modernization.

Opponents support voting NO because:

We are legislating in the dark. We do not even know what the President is doing now because he will not tell us. The New York Times exposed that the administration had authorized secret surveillance of domestic conversations. When exposed, the President claimed he was operating under inherent powers, but court decisions have found that the President cannot simply declare administration actions constitutional and lawful, whether or not they are.

Yet rather than finding out what is going on, this legislation retroactively legalizes whatever has been going on. The President already has broad latitude to conduct domestic surveillance, including surveillance of American citizens, so long as it is overseen by the FISA court.

This bill does not enhance security, but it does allow surveillance without the traditional checks and balances that have served our Nation well.

Voted YES on continuing intelligence gathering without civil oversight.

• This bill could have and should have required a dedicated funding line for the Privacy and Civil Liberties Oversight Board. The 9/11 Commission recommended this board to serve as a civil liberties watchdog on the potential erosion of the basic constitutional rights. Now, 15 months later, we find our concerns about basic civil rights to have been well founded, but the oversight board is barely up and running [and is not funded].
• Many of us believe that when the President authorized the NSA surveillance of Americans, he broke the law, plain and simple.
• We are talking about the most basic fundamental civil liberties that protect the American people, and the Republican leadership will not even let us debate it. What are they afraid of?
• If you believe that this President should have the ability to spy on Americans without a warrant and without going to the FISA court, then they should write that bill and bring it to the floor, then have a debate and a vote.

The resolution's proponents say:
• We have had the good fortune in this country for the last 4 1/2 years to have not had another terrorist attack on our soil, and it is not because they haven't tried. The reason for that success boils down to two things: the courage of our soldiers and the quality of our intelligence. Exceptional intelligence is the first line of defense for America in the long war on terrorism.
• I think as a responsible body we have to start out by getting the facts. That means hard work that is done largely in secret. Oversight is under way, and, for the most part, the National Security Agency has been very forthcoming.

Voted NO on federalizing rules for driver licenses to hinder terrorists.

• Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - defining more factors relevant to credibility determinations in asylum cases.
• Title II: Improved Security for Driver's Licenses and Personal Identification Cards - setting minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features. Title III: Border Infrastructure and Technology Integration - studying ground surveillance technologies.

Voted YES on continuing military recruitment on college campuses.

Voted YES on supporting new position of Director of National Intelligence.

Voted YES on adopting the recommendations of the 9/11 Commission.

• Title I: Reform of the Intelligence Community
  • Subtitle A: Establishment of National Intelligence Director
  • Subtitle B: National Counterterrorism Center and Civil Liberties Protections
  • Subtitle C: Joint Intelligence Community Council
  • Subtitle D: Improvement of Human Intelligence (HUMINT)
  • Subtitle E: Improvement of Education for the Intelligence Community
• Title II: Terrorism Prevention and Prosecution
  • Subtitle A: Individual Terrorists as Agents of Foreign Powers
  • Subtitle B: Stop Terrorist and Military Hoaxes Act of 2004
  • Subtitle C: Material Support to Terrorism Prohibition Enhancement Act of 2004
  • Subtitle D: Weapons of Mass Destruction Prohibition Improvement Act of 2004
  • Subtitle E: Money Laundering and Terrorist Financing
  • Subtitle F: Criminal History Background Checks
  • Subtitle G: Protection of United States Aviation System From Terrorist Attacks

Voted YES on emergency $78B for war in Iraq & Afghanistan.

Voted YES on permitting commercial airline pilots to carry guns.

End the use of anti-personnel mines.

Expresses the sense of Congress that:
1. the Department of Defense should field currently available weapons and other technologies, and use tactics and operational concepts, that provide suitable alternatives to anti-personnel mines and mixed anti-tank mine systems; and

2. the United States should end its use of such mines and join the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

3. Amends the National Defense Authorization Act for Fiscal Year 1993 to make permanent (currently terminates on October 23, 2003) the prohibition on the transfer of anti-personnel landmines.

4. Directs the President to establish an interagency working group to develop a comprehensive plan for expanded mine action programs, including victim rehabilitation, social support, and economic reintegration.

Rated 100% by SANE, indicating a pro-peace voting record.

Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...

• That every person has the right to live without the threat of nuclear weapons.
• That war is not a suitable response to conflict.
• That America has the resources to both protect and provide for its citizens.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Give higher priority to rail security.

OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide increased rail transportation security.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: We must do what is possible to protect Americans at home. Our Nation's transit system, Amtrak, and the freight railroads, I am sad to say, remain vulnerable to terrorist attacks. Though we have increased dramatically our security capabilities since 9/11, we have more to do. In fact, the Department of Homeland Security has not yet completed a vulnerability assessment for the rail system, nor is there an integrated security plan that reflects the unique characteristics of passenger and freight rail operations.

This legislation would authorize resources to ensure rail transportation security receives a high priority in our efforts to secure our country from terrorism. The legislation directs DHS to complete a vulnerability assessment for the rail system and make recommendations for addressing security weaknesses within 180 days of enactment.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Commerce, Science, and Transportation; never came to a vote.

Extend reserve retirement pay parity back to 9/11.

Congress makes the following findings:
1. Since September 11, 2001, members of the reserve components of the Armed Forces have been sent into harm's way and fought alongside members of the regular components of the Armed Forces.
2. Between September 11, 2001, and December 7, 2007, more than 600,000 members of the reserve components have been mobilized in support of military operations in Iraq and Afghanistan and for other contingency operations.
3. More than 142,000 members of the reserve components have been mobilized more than once during this same period.
4. On December 7, 2007, the conference report for H. R. 1585 offered an earlier retirement benefit for members of the reserve components who are mobilized in support of contingency operations.
5. The House of Representatives and the Senate agreed to the conference report on December 14, 2007.
6. However, the conference report only considers service performed after the date of the enactment, and this effective date fails to recognize the service and sacrifice made by members of the reserve components since September 11, 2001.

Study & address suicides among veterans.

Veterans Suicide Study Act - Directs the Secretary of Veterans Affairs conduct a study to determine the number of veterans who have committed suicide between January 1, 1997, and the date of the enactment of this Act. Congress makes the following findings:

• Suicide among the veteran population is a serious problem.
• There is lack of information on the number of veterans who commit suicide each year.
• Study Required- The Secretary of Veterans Affairs shall conduct a study to determine the number of veterans who have committed suicide between January 1, 1997 and the date of the enactment of this Act.
• Coordination- In carrying out the study, the Secretary of Veterans Affairs shall coordinate with the Secretary of Defense; Veterans Service Organizations; and States' public health offices and veterans agencies.
• Report to Congress- Not later than 180 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the study and the findings of the Secretary.

Repeal Don't-Ask-Don't-Tell, and reinstate discharged gays.

Repeals current Department of Defense policy [popularly known as "Don't-Ask-Don't-Tell"] concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.

Nothing in this Act shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of 'marriage' and 'spouse' and referred to as the 'Defense of Marriage Act').

Member of House Committee on Intelligence.

The House Permanent Select Committee on Intelligence is charged with the oversight of the United States Intelligence Community. It shares some jurisdiction with other committees in the House, including the Armed Services Committee for some matters dealing with the Department of Defense and the various branches of the U.S. military. The committee oversees all or part of the following executive branch departments and agencies:

• Office of the Director of National Intelligence
• Central Intelligence Agency
• Defense Intelligence Agency
• Department of Defense
• Department of Energy
• Department of Homeland Security
• Department of Justice
• Department of State
• Department of Treasury
• Drug Enforcement Administration
• Federal Bureau of Investigation
• National Geospatial-Intelligence Agency
• National Reconnaissance Office
• National Security Agency
• Office of Naval Intelligence
• Air Force Intelligence, Surveillance and Reconnaissance Agency
• United States Army Intelligence and Security Command
• United States Coast Guard
• Marine Corps Intelligence Activity

Funding wars separately is gimmick against sequestration.

Congressional Summary: HR 1735: The National Defense Authorization Act authorizes FY2016 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), and military construction. This bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. The bill authorizes appropriations for base realignment and closure (BRAC) activities and prohibits an additional BRAC round.

Wikipedia Summary: The NDAA specifies the budget and expenditures of the United States Department of Defense (DOD) for Fiscal Year 2016. The law authorizes the $515 billion in spending for national defense and an additional $89.2 billion for the Overseas Contingency Operations fund (OCO).

Opposition statement by Rep. Gerry Connolly (May 15, 2015): Congressman Connolly said he opposed the bill because it fails to end sequestration, and pits domestic investments versus defense investments. Said Connolly, "This NDAA uses a disingenuous budget mechanism to circumvent sequestration. It fails to end sequestration."

Support statement by BreakingDefense.com(Sept, 2015): Republicans bypassed the BCA spending caps (the so-called sequester) by shoving nearly $90 billion into the OCO account, designating routine spending as an emergency war expenses exempted from the caps. This gimmick got President Barack Obama the funding he requested but left the caps in place on domestic spending, a Democratic priority. "The White House's veto announcement is shameful," Sen. John McCain said. "The NDAA is a policy bill. It cannot raise the budget caps. It is absurd to veto the NDAA for something that the NDAA cannot do."

Legislative outcome: House rollcall #532 on passed 270-156-15 on Oct. 1, 2015; Senate rollcall #277 passed 70-27-3 on Oct. 7, 2015; vetoed by Pres. Obama on Oct. 22, 2015; passed and signed after amendments.

Military spouses don't lose voting residency while abroad.

A bill to amend the Servicemembers Civil Relief Act to guarantee the equity of spouses of military personnel with regard to matters of residency, and for other purposes.
• Prohibits, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders.
• Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders.
• Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.

Combat international and domestic Islamophobia.

H.R.5665: Combating International Islamophobia Act: This bill establishes within the Department of State the Office to Monitor and Combat Islamophobia and addresses related issues. The bill requires annual reports to Congress about human rights and religious freedom in foreign countries to include information about Islamophobia, such as:

1. acts of physical violence or harassment of Muslim people,
2. instances of propaganda in government and nongovernment media that attempt to justify or promote hatred or incite violence against Muslim people, and
3. actions taken by a country's government to respond to such acts. The office shall coordinate and assist in preparing these portions of the reports.

Rationale to vote NO (Rep. Zeldin, R-NY, 12/14/21)::: Lee Zeldin, one of two Jewish Republicans in Congress, announced that he will vote against H.R. 5665, a partisan resolution: "Rep. Ilhan Omar's bill that is supposed to combat Islamophobia does not even define 'Islamophobia'. In fact, the way the bill is worded intentionally plays into Omar's calculating game that any criticism about any topic relating to her, even if it has absolutely nothing at all to do with her religion, could be defined as 'Islamophobia'. That is absurd and I will vote 'no'!"

Rationale to vote YES (NY1.com, 12/15/21)::: "Our country's commitment to defending freedom of religion and belief goes back centuries, and the Administration strongly believes that people of all faiths and backgrounds should be treated with equal dignity and respect around the world," a statement of support issued by the White House read. The bill comes after Republicans in Congress have targeted the three Muslim members of Congress as members of a "jihad squad."

Legislative Outcome: Passed House 219-212-3 on 12/14/2021, Roll no. 448)' introduced in Senate on 12/15/21 and referred to the Committee on Foreign Relations; no further Senate action during 2021.